Court : Supreme Court of India
Reported in : JT2009(13)SC428; (2009)6MLJ1138(SC); 2009(II)OLR(SC)556
..... should be liberal in allowing applications for leave to amend pleadings but it is also well settled that the courts must bear in mind the statutory limitations brought about by reason of the code of civil procedure (amendment) acts; the proviso appended to order vi rule 17 being one of them.in north eastern railway administration, gorakhpur v. ..... they failed to take into consideration that in effect and substance, appellant's application should have been treated to be one for amendment of written statement as envisaged under order vi rule 17 of the code of civil procedure and not one for leave to file additional pleadings as envisaged under order viii rule 9 thereof. ..... aggrieved thereby and dissatisfied therewith, the appellant filed a civil revision petition which by reason of the impugned judgment has been dismissed by the high court, stating:on a careful consideration of the reasons stated by the learned senior counsel appearing for the respondent, ..... between order viii rule 9 of the code of civil procedure and order vi rule 17 thereof is the question ..... contention that she discovered the existence of will only on 5.2.2007, even the requirements of the proviso appended to order vi rule 17 of the code of civil procedure must be held to have been satisfied. ..... by reason of the civil procedure code (amendment) act, 2002 (act 22 of 2002), parliament inter alia inserted a proviso to order 6 rule 17 of the code, which reads as under:provided that no application for amendment shall be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC112; JT2009(10)SC509; (2009)6MLJ510(SC); 2009(10)SCALE416:2009AIRSCW5676:2009(5)LHSC3054
..... and section 18 of the land acquisition act and consequently direct respondents 4 to 8 to refer the cases of the persons included in annexures i, ii, iii and iv herein to a civil court for grant of enhanced compensation in respect of the lands acquired from them for the purpose of the salem steel project,...10. ..... circumstances of the case and thus render justice.it is prayed that this hon'ble court may be pleased to direct the second respondent to refer for higher compensation to the competent civil court under section 18 of the land acquisition act, 1894 in respect of the lands belonged to the petitioners in s. no. ..... dated 18.10.2000 quash the same and direct the second respondent to refer for higher compensation to the competent civil court under section 18 of the land acquisition act, 1894 in respect of the lands belonged to the ..... insurance of a direction upon the land acquisition collector to refer those cases for grant of higher compensation before the civil court in terms of section 18 of the act. ..... thus, applications of those awardees who had accepted amounts of compensation under protest and filed requisite applications for reference, the matters at their instance had been referred to the civil court in terms of section 18(2) of the act. ..... civil appeals being civil ..... the amount under protest but also filed applications for reference to the land acquisition court in terms of section 18 of the act pursuant whereto and in furtherance whereof references to the civil court were made. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC50; [2006(1)JCR106(SC)]; JT2005(9)SC358; 2005(8)SCALE494; (2005)8SCC496
..... 711/1993, under section 115 of the code of civil procedure, in view of a recent judgment of this court in hameed joharan (d) and ors. v. ..... the said respondent filed three separate civil revision petitions namely, 4, 5 and 7 of 1995 against the common order dated 25.5.1992 whereby certain directions had been given regarding collection of rents by the advocate receiver and the deposit thereof with the 6th ..... simultaneously, the three other civil revision petitions filed by the 2nd defendant, v. ..... sale deed, the 6th defendant/decree holder became the owner of the entire suit property and prayed for delivery of possession of the property in occupation of the 2nd defendant/judgment debtor before the city civil court, chennai. ..... judge, city civil court, madras, by way of c.m.a.no. ..... 15893-94/96 was brought to our notice by learned counsel for the respondent and it was pointed out therefrom that after the judgment was delivered in civil revision petition no. ..... the 6th defendant thereafter filed a civil revision petition no. ..... judge, city civil court, madras was a partition suit in which a preliminary decree for partition was passed on 28.4.1972 and was followed by a final decree for partition on 1.12.1975. ..... several civil revision petitions, being c.r.p. ..... during the course of the hearing, an affidavit filed on behalf of the 6th defendant in slp (civil) no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2069; 2008(5)ALD55(SC); 2008(2)AWC1798(SC); 2008(2)CTC774; 2008(3)KLT932; (2008)5MLJ252(SC); 2008(3)SCALE641; 2008(1)LC570(SC); 2008AIRSCW2800; 2008(2)Supreme655; 2008(2)LH(SC)1482; 2008(3)ICC386
..... if that is the result, the sale must be pronounced to be a nullity and consequently not capable of being confirmed under order 21, rule 92, civil p.c.these observations will show that the andhra pradesh high court not only considered the language of rule 59 and the impact thereof as clearly displayed but also went on to consider the fact of the prior ..... the dismissal judgment of the madras high court in civil miscellaneous appeal under order 43 rule 1 of the code of civil procedure, filed by the appellant herein, is in challenge before us. ..... ghanshyam misra (1907) ilr 35 cal 202 : 35 ind app 22 (pc) their lordships of the privy council pointed out that the object of a suit under section 283, civil p.c. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)659; AIR1996SC2140; 1996(1)ARBLR591(SC); [1996]87CompCas644(SC); JT1996(4)SC254; 1996(3)SCALE527; (1996)8SCC377; [1996]Supp1SCR368
..... while moving this court, the state of orissa not only filed two special leave petitions against the common order of the orissa high court in civil revision and civil miscellaneous appeal but also preferred independent special leave petition against the order of civil judge, bhubaneswar in miscellaneous case no. ..... senior counsel also placed reliance on the following judgments of this court to sustain the order of stay granted by the civil judge and confirmed by the high court.15. ..... appeal is allowed and the order dated 26.3.1994 of the civil judge (senior division) bhubaneswar in misc. ..... aggrieved by the order of the learned civil judge, the appellant, state of orissa preferred miscellaneous appeal as well as revision petition before the orissa ..... the orissa high court on the plea that there was a doubt whether an appeal or revision petition would he against the order of the civil judge in the said miscellaneous case. ..... in the result all the civil appeals are dismissed with costs and special leave petition is dismissed ..... however, the learned civil judge on the basis of the materials placed before him and also on the basis of the arguments advanced came to the conclusion that the suit should be stayed under section 3 of the foreign ..... 152/93 on the file of civil judge, bhuhaneswar, seeking the following reliefs:(a) declaration declaring that the plaintiff is not the successor of ..... 152/93 on the file of civil judge, bhubaneswar dated 16.4.94 which was later upheld by the orissa high court by order .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(2)MhLJ6(SC); 2009(11)SCALE256; (2009)8SCC779
..... parties have clearly stipulated and agreed that no other court, but only the court at jaipur will have jurisdiction to try and decide the proceedings arising out of the said agreements, and therefore, it is the civil court at jaipur which would alone have jurisdiction to try and decide such issue and that is the court which is competent to entertain such proceedings. ..... one atul saggar on behalf of kay pee agencies, ludhiana, who is said to have been appointed as a distributor at ludhiana on or about 30.8.2004 filed a civil suit praying for a declaration that the cheque given by him for supply of goods to the company by m/s. ..... for some of the respondents, would contend that having regard to the fact that the company would not suffer any prejudice in the event the civil suits filed by the firm and/or its partners are permitted to be determined at different courts in the state of punjab, particularly when the company has an office in punjab and haryana and, thus, the balance of convenience lies in allowing the civil proceedings to be tried at their original courts of filing. ..... the appellant filed objections to the execution petition filed by the respondents and during the period 2006 - 2008 appeared to have filed 14 civil suits in different courts, the details whereof are as under:s. ..... the firm also filed three civil suits in the court of civil judge, ludhiana alleging defamation against them. ..... 116 2006 civil judge, jr. ..... 389 2005 civil judge (jr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3413; [2006(109)FLR648]; JT2006(4)SC118; (2006)IILLJ516SC; RLW2006(2)SC1606; 2006(3)SCALE583; (2006)4SCC132; 2006(3)SLJ145(SC)
..... , the impugned judgments of the high court are set aside and we hold that all the civil appeals filed by the rajasthan housing board, the avs and the state of rajasthan are allowed. ..... and the need for streamlining the administration to make it more efficient may induce any state government to make alterations in the staffing pattern of the civil services necessitating either the increase or the decrease in the number of posts or abolish the post. ..... vikas sansthan are not government servants nor rajasthan service rules, 1951 were applicable to them and as such the provisions of rajasthan civil services (absorption of surplus personnel) rules, 1969 are not applicable in the present case.59. ..... was argued that the reliance placed by the respondents on the provisions of rajasthan civil services rules, 1969 is wholly misconceived as the rules mentioned apply only to ..... that the decisions cited by the appellant on article 311 and abolishing civil posts are exceptional and irrelevant to the present controversy.35. ..... state of kerala : (1973)iillj409sc that the discharge of the civil servant on account of abolition of post held by him is not an action which is proposed to be taken as a personal penalty but it is an action concerning the policy of the state whether a permanent post ..... it is settled law that the power to abolish any civil post is inherent in every sovereign government and such abolition will not entail any right on the person holding the abolished post the right to reemployment or to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)AWC4002(SC); JT2009(13)SC366; (2009)8MLJ907(SC); 2009(II)OLR(SC)815; RLW2010(1)SC322; (2009)10SCC84; 2009(10)LC4850(SC):2009AIRSCW6644
..... recently published unique, unusual and extremely informative book 'justice, courts and delays', the author arun mohan, a senior advocate of the high court of delhi and of this court, from his vast experience as a civil lawyer observed that 80% applications under rule vi order 17 are filed with the sole objective of delaying the proceedings, whereas 15% application are filed because of lackadaisical approach in the first instance, and 5% applications are ..... after the act has been repealed, the appellant filed an application under order vi rule 17 of the code of civil procedure, 1908 (for short `cpc') seeking leave of the trial court to add two additional paragraphs as 2(a) and (b) and few prayers and to delete certain paragraphs in the plaint and also to delete the prayer (a), ..... pertinent to mention that with a view to avoid delay and to ensure expeditious disposal of suits, rule 17 was deleted on the recommendation of justice malimath committee by the code of civil procedure (amendment) act, 1999 but because of public uproar, it was revived. ..... an eminent former judge of this court in his book on code of civil procedure (2005 edition) incorporated this information while dealing with the object of ..... of 1996 before the xxxi additional city civil judge, bangalore against the respondents (defendant ..... came up before this court in civil appeal nos. ..... all civil courts ordinarily have a long list of cases, therefore, the courts are compelled to grant long dates which causes delay in disposal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1864; (2006)3GLR1821; JT2006(4)SC600; RLW2006(3)SC2097; 2006(4)SCALE265; (2006)9SCC772; 2006(1)LC504(SC)
..... it was submitted on behalf of the appellants that the applications may be treated as one under order xli rule 27(1)(b) of the code of civil procedure, apparently because the other provisions or the rule did not apply to the facts and circumstances of the case. ..... sorabjee appearing on behalf of the respondents rightly submitted that order xli rule 27 of the code of civil procedure cannot be invoked by a party to fill up the lacunae in his case. ..... the suit was contested by the respondents herein and ultimately by judgment and decree of march 21, 1994 the learned civil judge dismissed the suit of the state. ..... the three appeals before this court by special leave are directed against the dismissal of the first appeal as well as the dismissal of the two civil applications filed by the state of gujarat.7. ..... 969 of 1994 in the high court against the judgment and decree of the civil judge dismissing its suit. ..... when the stay matter was pending before the high court, the state of gujarat filed the instant suit which ultimately came to be disposed of by the 3rd joint civil judge (sd) vadodara being civil suit no. ..... the high court dismissed the appeal preferred by the state and affirmed the judgment and decree of the 3rd joint civil judge, vadodara in special civil suit no. ..... we shall first deal with the appeals preferred against the judgment and order of the high court rejecting civil application nos. ..... the state has also impugned the judgment and order of the same date whereby two civil application nos. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC383; 2010(1)AWC862(SC); 2009(14)SCALE399; (2010)1SCC549; 2010(1)LC42(SC):2009AIRSCW7629
..... in paragraph 25 of the judgment the learned judge summed up the position as follows:.by agreeing to settle all the disputes and claims arising out of or relating to the contract between the parties through arbitration instead of having recourse to civil court to vindicate their rights the party concerned cannot be considered to have frittered away and given up any claim which otherwise it could have successfully asserted before courts and obtained relief. ..... 40 of 1993, in a matter arising from the order dated 1.12.1992 of the learned senior civil judge, making the award a rule of the court, and whereby the high court had partly allowed the appeal filed by the respondent.2 ..... roy (supra) discussed several aspects of the act of 1940 and also the provisions of section 34 of the civil procedure code and also those of the interest act. ..... on 20.5.1992 the respondent railways filed application under section 30 read with section 33 (section 30/33) of the act before the civil judge for setting aside the award. ..... challenging the aforesaid order of the civil judge, the railways filed an appeal before the high court.9 ..... on 1st december 1992, the senior civil judge, gorakhpur of the court of judge, small causes gorakhpur made the award a rule of court and directed that a decree be prepared accordingly and directed that from the date of the award to the date of payment ..... this is the principle of section 34, civil procedure code and there is no reason or principle to hold otherwise in the case of .....
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